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Civil Procedure Keyed to Marcus
Benson and Ford, Inc. v. Wanda Petroleum Co
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
During the pendency of the Shelby litigation, Benson and Ford filed a separate suit alleging the same antitrust violations against Defendants. David Ford voluntarily appeared to testify as a witness for Shelby. The jury returned a verdict for the defendants. The jury found for the Defendants on all of Shelby’s theories. After the Shelby judgment, the Defendants moved for summary judgment against Ford. The Defendant argued that Ford should be barred from relitigating the issues because he had voluntarily appeared at the first trial as a witness, and retained the same lawyer as Shelby. The district court granted the Motion for Summary Judgment and issued a Rule 54(b) certificate.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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